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KIMCO LEASING v. LAKE HORTONIA PROPERTIES

No. 92-519.

640 A.2d 18 (1993)

KIMCO LEASING COMPANY v. LAKE HORTONIA PROPERTIES d/b/a The New You Fitness Center, Beverly S. Ellis, Ray R. Ellis, June May Camera and Jean Henska, Jointly As Individuals.

Supreme Court of Vermont.

Motion for Reargument Denied March 8, 1994.

Attorney(s) appearing for the Case

Matthew F. Valerio of Abatiell & Wysolmerski, Rutland, for plaintiff-appellee.

Carolyn Brown Anderson of Abell, Kenlan, Schwiebert & Hall, P.C., Rutland, for defendants-appellants.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

GIBSON, Justice.

Defendants Lake Hortonia Properties d/b/a The New You Fitness Center and its guarantors appeal from a judgment for $33,987.61, plus costs and attorney's fees, in favor of plaintiff Kimco Leasing Company, which had sued to recover monies due under the terms of an equipment lease agreement. In defense, defendants asserted that plaintiff had breached implied warranties of merchantability and fitness for a particular purpose

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